Sunday, January 12, 2014

This New Yorker piece by Lawrence Wright is a must read if you want to understand just how fatuous are the government's assertions of competence and necessity of the massive NSA surveillance programs.

On December 16th, Judge Richard J. Leon, in Washington, D.C., ruled that the indiscriminate hoarding violates the Fourth Amendment right to privacy and its prohibition of unreasonable searches. Two weeks later, in New York, Judge William H. Pauley III ruled that the metadata-collection program was lawful and effective.

Judge Pauley invoked the example of Khalid al-Mihdhar, a Saudi jihadist who worked for Al Qaeda. On 9/11, he was one of the five hijackers of American Airlines Flight 77, which crashed into the Pentagon. In early 2000, Mihdhar made seven calls from San Diego to an Al Qaeda safe house in Yemen. According to Pauley, the N.S.A. intercepted the calls, but couldn’t identify where Mihdhar was calling from. Relying on testimony by Robert Mueller, the former director of the F.B.I., Pauley concluded that metadata collection could have allowed the bureau to discover that the calls were being made from the U.S., in which case the bureau could have stopped 9/11.

If he is right, advocates of extensive monitoring by the government have a strong case. But the Mihdhar calls tell a different story about why the bureau failed to prevent the catastrophe. The C.I.A. withheld crucial intelligence from the F.B.I., which has the ultimate authority to investigate terrorism in the U.S. and attacks on Americans abroad.

Read on for the details which show not only that the reports Judge Pauley cited are lies, but that the very people we are supposed to be feel "confident" entrusting with this tremendous power are petty, incompetent bureaucrats who really should not be trusted to cross the street unattended.

The podcast discussion of the topic is here. It's fascinating, important stuff.